Sal Perricone "stated that he 'dreamed of getting Heebe and all the politicians that Heebe paid off.'" -- Jim Wilson's affidavit

The fate of a key defendant in the River Birch landfill investigation is likely to be determined Wednesday, when a federal judge is set to consider Mark Titus' motion to withdraw his guilty plea to embezzlement charges. The ruling could affect the entire probe, as Titus admitted to stealing more than $1 million with the help of River Birch executive Dominick Fazzio.

Prosecutors have built a case against Fazzio in hopes of turning him on his bosses, landfill owners Fred Heebe and Jim Ward, who are the probe's central targets.

A crucial element in Titus' hearing is likely to be the sworn testimony of a Houston private investigator who says he played a vital role in the government securing a plea deal from Titus. The investigator, Tim Wilson Sr., helped prosecutors beat a previous effort by Fazzio to dismiss the charges against him. But now Wilson is playing for the defense, as attorneys for Titus and Fazzio are citing Wilson's assertion that U.S. Attorney Jim Letten's office had secretly agreed not to seize Titus ill-gotten assets in exchange for his cooperation.

The hearing on Titus' motion to withdraw his plea is set to start at 2 p.m. in U.S. District Judge Ivan Lemelle's courtroom. Titus' sentencing is scheduled for the same time.

Oral arguments haven't been set for a pending motion by Fazzio to dismiss the charges against him. Those arguments were originally set for Wednesday morning.

The government denies any secret deal with Titus. It has fired off a battery of affidavits from Letten's team, including former prosecutor Sal Perricone, saying Wilson played no role in the negotiations with Titus. But the back-and-forth has offered a rare peek into the inner workings of the federal probe, revealing details of how prosecutors apparently circled around Titus in the spring of 2011, eventually persuading him to wear a wire to build a case against Fazzio, who is married to Titus' sister.

Wilson's role

Wilson comes from a family of famed private investigators in Houston. His father, Clyde Wilson, built a reputation as an ace private eye during more than three decades, and Texas Monthly magazine once called Clyde Wilson "the man who knows everything." In his firm's website, Tim Wilson Sr. describes himself as a former law enforcement official licensed as a private investigator in Texas and Louisiana.

Wilson didn't return a message seeking comment for this story. But his sworn affidavit, taken in Houston on Sept. 11, said that in May 2011, Titus approached him at Cascade Stables, near Audubon Park. Both men had taken their daughters to horseback-riding lessons there, Wilson's statement said.

According to Wilson, Titus said federal investigators had approached him and said he and Fazzio were being examined for suspected embezzling. Titus said the agents named Heebe as their ultimate target, Wilson recalled. His statement said a few days later, he recommended to Titus and Fazzio that both turn themselves in and negotiate plea deals. Fazzio wasn't interested. But Titus was, and Wilson said he played an important role as a go-between with the government. He said he had "a number of conversations" with then-prosecutor Perricone and Assistant U.S. Attorney Jim Mann to negotiate Titus' deal.

It was during those conversations, Wilson said, that prosecutors made it clear they were not going to seize Titus' assets. Wilson claimed that "it was very difficult to talk" Titus into wearing a wire to record conversations with Fazzio, and that doing so "has caused Titus a great deal of trouble with his elderly parents and sister." Wilson said the government assurances not to seize Titus' assets were key to getting him to cooperate.

Sal Perricone's 'dream'

In his affidavit, Wilson described a particular conversation with Perricone in which the then-prosecutor allegedly said the probe's main target was Heebe, not Titus or Titus' property. Perricone, according to Wilson, said that "all he cared about was 'getting Heebe,'" and he "stated that he 'dreamed of getting Heebe and all the politicians that Heebe paid off.'"

In an affidavit of his own, however, Perricone denied the government ever negotiated Titus' plea agreement through Wilson. Perricone said prosecutors negotiated with Titus' attorneys and described Wilson simply as "a private investigator" who "had some sort of relationship" with Titus. Perricone also took a parting shot at Wilson, saying that, "I have never dreamed of Fred Heebe and have never shared my dreams with Tim Wilson."

Heebe and Ward haven't been charged with a crime and have denied any wrongdoing.

In filings leading to Wednesday's hearing, prosecutors have denied any secret deal with Titus, and have in turn accused him of violating the terms of his plea by engaging in a scheme to shield his assets from forfeiture. The government said the scheme included Titus' wife, his son and his mother-in-law, raising the possibility that other family members could face charges.

That makes Wednesday's hearing a high-stakes affair. Should Titus' effort to withdraw his guilty plea be denied, Lemelle could sentence him immediately. Should he prevail, prosecutors would lose their key witness against Fazzio -- and possibly their shortest route to any possible charges against Heebe and Ward.

Of course, even if the government wins Wednesday, Titus' value as a witness has been diminished by the prosecution's contention that he has continued to commit crimes while free on bond.

Attorneys for Titus and the government have not commented on the case. But Fazzio's attorney, Arthur "Buddy" Lemann, said he'll attend Titus' hearing. "I'm going to be there as a spectator," Lemann said. "It should be interesting."